R v Barrett [2014] ACTSC 78

Criminal Code 2002 (ACT), ss 312, 308, 318(2), 313, 324

Road Transport (Driver Licensing) Act 1999 (ACT), s 32(1)(a)

Road Transport (Safety and Traffic Management) Regulation 2000 (ACT), reg 109

Road Transport (Vehicle Registration) Act 1999 (ACT), s 22

1. Wayne Donald Barrett, you have pleaded guilty to the following offences: three counts of aggravated burglary (s 312 Criminal Code 2002 (ACT)); three counts of theft (s 308 Criminal Code 2002); one count of driving a motor vehicle without consent (s 318(2) Criminal Code 2002); and one count of receiving stolen property (s 313 Criminal Code 2002).
2. In addition, you ask that a number of offences be taken into account on sentencing. Those offences are one charge of driving whilst disqualified (s 32(1)(a) Road Transport (Driver Licensing) Act 1999 (ACT); one charge of failing to stop when requested by police (reg 109 Road Transport (Safety and Traffic Management) Regulation 2000 (ACT)); one charge of displaying a numberplate not properly issued for the vehicle (s 22 Road Transport (Vehicle Registration) Act 1999 (ACT)); and one charge of unlawfully possessing stolen property, being a numberplate (s 324 Criminal Code 2002).
3. You were originally charged with all offences on 8 March 2013 and pleaded not guilty to them. You were committed for trial to this court on all counts except for the count of receiving stolen property on 15 August 2013. The count of receiving stolen property was an ex officio count which was later included on the indictment. You pleaded guilty to the eight counts on the indictment on 29 November 2013.
4. I note that the maximum penalty for the offence of aggravated burglary is 20 years' imprisonment. The maximum penalty for the offence of theft is 10 years' imprisonment. The maximum penalty for the offence of driving a motor vehicle without consent is five years' imprisonment and the maximum penalty for the offence of receiving stolen property is 10 years' imprisonment. The maximum penalty for the offence of driving whilst disqualified is six months' imprisonment. The remainder of the charges that appear on the List of Additional Offences carry monetary penalties only except for the offence of unlawful possession of stolen property which carries six months' imprisonment.
5. I will not here recite the facts in relation to the charges. An Agreed Statement of Facts has been placed before the Court. I note that the burglaries were committed on commercial premises. I also note that the value of the property which was the subject of the theft charges was reasonably significant. All offences occurred between September 2012 and March 2013. I also take into account the fact that some planning was involved in relation to the burglaries and associated thefts.
6. You have a lengthy criminal history which disentitles you to leniency. I will not recite here in detail that criminal history but I do note that there have been periods of time in which you have managed to avoid committing offences.
7. A Pre-Sentence Report was prepared and placed in evidence at the sentence hearing. I take into account the fact that you had an abusive and traumatic childhood. I note that you have strong family support in the ACT community through your partner of 20 years and your five children. I note that your partner of 20 years is a very strong, positive influence in your life.
8. I also take into account that you have a long history of substance abuse commencing when you were aged 12. It is something that you have struggled with for many years. Since being in the Alexander Maconochie Centre you have taken significant and commendable steps to deal with your drug and alcohol issues. You have completed the Solaris program and you, as I understand it, continue to be a mentor in that program. Clearly you completed that program to a high standard otherwise you would not have been given that position.
9. I also note that you have expressed a desire to undertake a program at Karralika when you are released from custody.
10. The author of the Pre-Sentence Report considered you to be at high risk of reoffending due to your criminal history, but in my opinion this is ameliorated by your demonstrated commitment to dealing with your alcohol and drug issues. I also take into account in your favour that you have undertaken educational programs whilst in the AMC.
11. I note that you gave evidence at the sentence hearing in which you spoke of your commitment to change and to deal with your alcohol and drugs issues and be available to your family. As I indicated at the time, I am often cynical of people such as yourself who are awaiting sentencing suggesting that they have a commitment to change, however, in your case I feel entitled to have a degree of confidence in what you say.
12. In your case you have undertaken, as I have said, a number of very positive steps since you have been in custody including, as I said, undertaking the Solaris program and a number of other programs within that institution.
13. As such, I am satisfied that at the present time you have good prospects for rehabilitation especially if you complete the Karralika program upon your release from custody.
14. I take into account the fact that you have entered a plea of guilty to these charges. Whilst it was not a plea entered at the earliest opportunity, nevertheless, I am satisfied that it demonstrates remorse and also has a significant utilitarian value. I will therefore reduce by approximately 20 per cent, the sentences that I would have otherwise have imposed.
15. In my opinion, a sentence of imprisonment is inevitable with respect to the counts on the indictment, however, I intend to give you an opportunity for early release on the basis that you undertake the program at Karralika
16. Now, would you stand, please, Mr Barrett.
    • With respect to count 1 (aggravated burglary) you will be convicted and sentenced to two years and nine months' imprisonment commencing on 7 September 2013 and expiring on 6 June 2016.
    • On count 2 (theft) you are convicted and sentenced to one year and eight months' imprisonment which will be concurrent with the sentence that I have imposed on count 1.
    • On count 3 (drive motor vehicle without consent) you are convicted and sentenced to six months' imprisonment commencing on 7 June 2016 and expiring on 6 December 2016.
    • On count 4 (aggravated burglary) you are convicted and sentenced to two years and nine months' imprisonment commencing on 7 March 2014 and expiring on 6 December 2016.
    • On count 5 (theft) you are convicted and sentenced to one year and 11 months' imprisonment commencing on 7 March 2014 and expiring on 6 February 2016.
    • On count 6 (aggravated burglary) you are convicted and sentenced to two years and nine months' imprisonment commencing on 7 September 2014 and expiring on 6 June 2017.
    • On count 7 (theft) you are convicted and sentenced to one year and six months' imprisonment commencing on 7 September 2014 and expiring on 6 March 2016.
    • On count 8 (receiving stolen property) you are convicted and sentenced to 12 months' imprisonment commencing on 7 September 2016 and expiring on 6 September 2017.
17. The aggregate sentence that I have therefore imposed is one of four years' imprisonment commencing on 7 September 2013 and expiring on 6 September 2017.
18. I set a non parole period expiring on 6 May 2015. I have reduced that non-parole period by nine months and I recommend to the Sentence Administration Board that any release after 20 months be conditional on you entering into and completing the Nexus program at Karralika.
19. As I have said, if it were not for your willingness to undertake that program, the non-parole period that I would have set would have been nine months longer than the one that I have set.

I certify that the preceding nineteen (19) numbered paragraphs are a true copy of the Reasons for Sentence herein of his Honour Justice Burns.